A group of federal appeals court judges late Tuesday extended the block on Texas' ability to arrest and detain migrants under a controversial state immigration law called SB4, maintaining the hold on the legislation while they consider its legality.
In a split 2-1 ruling, the panel of judges from the 5th Circuit Court of Appeals rejected Texas' plea to lift the lower court's decision that deemed SB4 unconstitutional and in conflict with federal immigration statutes.
Until further legal proceedings take place, Texas will be barred from implementing SB4, which aims to make unauthorized immigration a criminal offense at the state level. The 5th Circuit is set to hold a hearing on April 3 to deliberate on the law's validity and constitutionality.
Texas is standing firm in its defense of SB4 against challenges brought forth by the Justice Department and two migrant advocacy organizations.
Enacted by the Texas legislature last year, SB4 seeks to establish state-level offenses for entering or reentering Texas from Mexico outside of official border checkpoints. These actions are already prohibited under federal law.
State Law Empowers Law Enforcement to Detain and Prosecute Migrants
Authorities at the state, county, and local levels now have the authorization to stop, detain, and prosecute migrants suspected of violating new state criminal laws. Under SB4, judges in Texas can also order migrants to return to Mexico instead of facing prosecution.
Gov. Greg Abbott and other Texas officials defend the law as a necessary measure to address illegal immigration issues. Governor Abbott has criticized the Biden administration for not doing enough to deter migrants from entering the U.S. illegally, leading to the implementation of stringent border operations in the state.
However, SB4 has faced strong opposition from migrant advocates, the Biden administration, and the Mexican government. Mexico has condemned the law as "anti-immigrant" and stated that it will not accept migrants sent back by Texas.
The Biden administration has filed a lawsuit against SB4, arguing that the law could strain diplomatic relations with Mexico, disregard U.S. asylum regulations, and interfere with federal immigration enforcement responsibilities.
5th Circuit Panel Questions State's Authority Over Immigration
During the recent court proceedings, two judges on the 5th Circuit panel seemed to support the arguments presented by the Biden administration.
Chief Judge Priscilla Richman emphasized in the majority opinion that for almost 150 years, the Supreme Court has maintained that the control of immigration, including the entry, admission, and removal of noncitizens, falls exclusively under federal jurisdiction.
Despite this core principle, S. B. 4 establishes unique state criminal violations and associated protocols concerning the unlawful entry of noncitizens into Texas from foreign nations and their deportation," she remarked.
